STATE v. HENDERSON

CR0700686; A139516.

255 P.3d 661 (2011)

242 Or. App. 357

STATE of Oregon, Plaintiff-Respondent, v. Robert Ellis HENDERSON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided April 27, 2011.


Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender and Eric Johansen , Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant.

John R. Kroger , Attorney General, Jerome Lidz , Solicitor General, and Doug M. Petrina , Senior Assistant Attorney General, filed the brief for respondent.

Before SERCOMBE, Presiding Judge, BREWER, Chief Judge, and LANDAU, Judge pro tempore.


BREWER, C.J.

Defendant appeals his conviction for murder, ORS 163.115. He raises 10 assignments of error, nine of which we reject without discussion. In his sixth assignment of error, defendant argues that the trial court erred by denying his motion for a mistrial on the ground of prosecutorial misconduct. Defendant had moved for a mistrial after the prosecutor asked one of the investigating officers, on redirect examination, whether defendant had requested measurements...

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